Kara Sears
The Bible does not explicitly mention common-law marriage, but it does lay down the essential elements of marriage, declaring it an institution of God from the start. True marriage, according to Scripture, is mutual and heterosexual, monogamous, and permanent. Common-law marriage, on the other hand, is a legal status recognized by a minority of states or countries, where a couple is considered legally married after living together for a specified time, without a formal ceremony or license. This has sparked debate among Christians about whether common-law marriages are sinful or acceptable in God's sight. Some argue that if a common-law marriage is recognized by the state, it should be recognized by the church, while others emphasize the importance of a public ceremony and vows exchanged before God.
| Characteristics | Values |
|---|---|
| Common law marriage recognised by the state | Recognised by the church |
| Common law marriage recognised by the church | If recognised by the state |
| Common law marriage sinful? | No, as long as the law is followed |
| The Bible's view on common law marriage | Not mentioned, but the Bible lays down the essential elements of marriage |
| The Bible's definition of marriage | Mutual and heterosexual, monogamous and permanent |
| The Bible's view on living together before marriage | Living in sin |
| The Bible's view on sexual behaviour outside marriage | Sinful |
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What You'll Learn
Common law marriage is not approved in Scripture
Common-law marriage is a legal status recognized by a minority of states. It affirms that a man and woman who live together for a specified time are considered legally married even if they never obtained a marriage license or were married by a qualified official. While this may serve a useful purpose for some couples in terms of their standing before the state, it is not approved in Scripture.
The Bible lays down the essential elements of marriage, declaring it an institution of God from the start. True marriage, according to Scripture, is mutual and heterosexual, monogamous and permanent. By New Testament times, a public ceremony, exchange of vows, and declaration of covenant are expected. Jesus began his ministry at a wedding ceremony, turning water into wine, and often refers descriptively to weddings in his parables. "Jesus had a high view of weddings and marriages that were sanctioned by the religious community," said Rev. Lyle Dorsett, the Billy Graham professor of evangelism at Samford University's Beeson Divinity School. "His first miracle was at a wedding feast."
A more biblical answer to the question of what constitutes a marriage is that any mature man and woman who mutually decide to be married according to God's plan and publicly express their commitment to such a marriage in the presence of witnesses may then be considered married in God’s sight. This is the standard doorway to marriage, one that has long been upheld by the laws of nation-states founded mainly on Judeo-Christian ethics.
Christians should desire to live above reproach so that Christ can be honored in all that they do. A Christian couple should carefully weigh their options, consider their public testimony, and evaluate their own motives for dispensing with a public ceremony. While a common-law marriage, if recognized by the state, may be recognized by the church, a couple that is not married but is living together as if they were would be considered to be living in sin.
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Common law marriage is a legal status recognised in some US states
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that is currently recognised in a minority of US states. These include Alabama (if created before 1 January 2017), Florida (if created before 1 January 1968), Georgia (if created before 1 January 1997), Indiana (if created before 1 January 1958), Ohio (if created before 10 October 1991), and Pennsylvania (if created before 1 January 2005). Some states have abolished common-law marriage but still recognise such marriages if they began before a certain date or for a specific purpose. These include Alabama, Florida, Georgia, Idaho, Indiana, Ohio, and Pennsylvania.
In states that allow common-law marriage, as long as the law is followed, a common-law marriage is not considered sinful. However, every Christian should desire to live above reproach so that Christ can be honoured in all that they do. A Christian couple should carefully weigh the options, consider their public testimony, and evaluate their own motives for dispensing with a public ceremony.
The basic features of a common-law marriage are that the couple intends for their relationship to be that of a married couple, they act on that intention by living together and holding themselves out publicly as a married couple, and they meet the basic requirements under state law for a legal common-law marriage. Once a couple meets these criteria, their legal status is just like any other marriage, and they enjoy all the rights and benefits of marriage, including inheritance rights and other estate planning benefits.
In some states, there are specific requirements for a common-law marriage to be recognised. For example, in Texas, both parties must be at least 18 years old, and the couple must file a legal "Declaration of Informal Marriage", which is a legally binding document that must be completed by both marriage partners and sworn or affirmed in the presence of the County Clerk. In Utah, a common-law marriage must be validated by a court or administrative order, and the couple must meet several requirements, including cohabitation and mutually assuming marital rights, duties, and obligations.
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Christians should uphold the 'gold standard' of marriage
The Bible does not explicitly mention common-law marriage, but it does lay down the essential elements of marriage, declaring it an institution of God. According to Scripture, true marriage is mutual and heterosexual, monogamous, and permanent.
A common-law marriage is a legal status recognized by a minority of states. It affirms that a man and woman who live together for a specified time are considered legally married even without a marriage license or ceremony. While some Christians may view common-law marriage as a legitimate option, it is important to consider the biblical standard for marriage.
The Bible emphasizes the importance of a public ceremony, the exchange of vows, and a declaration of covenant in marriage. Jesus began his ministry at a wedding ceremony, often referring to weddings in his parables, indicating his high view of marriages sanctioned by the religious community. Hebrews 13:4 states that marriage should be honored by all, with the marriage bed kept pure, as God will judge sexual immorality.
Christians should uphold the gold standard of marriage as taught by God and clarified by Jesus Christ and his apostles in the New Testament. This includes honoring marriage as a sacred institution, committing to lifelong monogamy, and seeking to glorify God within the marriage covenant. While common-law marriage may be legally recognized in some places, Christians should strive for marriages that are honorable in both God's sight and the eyes of mankind.
Furthermore, common-law marriage could potentially lead to complications regarding intent and recognition. As Birmingham attorney Eric Johnston noted, claims of common-law marriage often involve questioning the couple's intent to be married. A formal marriage ceremony, on the other hand, provides clear evidence of a couple's commitment and is widely recognized by society and the church.
In conclusion, while common-law marriage may be a legally recognized option in certain jurisdictions, Christians should strive for marriages that align with the biblical standard. This includes a public expression of commitment, mutual decision-making, and honoring God through their union. By upholding the gold standard of marriage, Christians can ensure their marriages are founded on biblical principles and bring glory to God.
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Common law marriage is a 'back door' to legal marriage
The Bible does not directly address the concept of common-law marriage. However, it emphasizes the importance of honorable marriages that are recognized by both God and man. By the time of the New Testament, a public ceremony, exchange of vows, and declaration of covenant were expected. Jesus himself began his ministry at a wedding ceremony and often referred to weddings in his parables, indicating his sanction of marriages blessed by the religious community.
Common-law marriage, also known as non-ceremonial or informal marriage, is a legal alternative to traditional marriage in a minority of states or jurisdictions. It is important to note that this type of marriage is not simply about cohabitation but requires a mutual agreement between two people who are legally capable of being married and who intend to be married. They must present themselves as a married couple to the public and organize their lives as such.
While some states, like Texas, recognize common-law marriages, others, like Alabama, are moving away from this tradition. The recognition of common-law marriage varies, and it is essential to understand the specific requirements and legal implications in each state. For example, in Texas, same-sex couples can enter into a common-law marriage, and ending such a marriage requires a formal divorce process.
From a Christian perspective, the recognition of common-law marriage by the state generally leads to its acknowledgment by the church. However, the church may view cohabiting couples who are not formally married as living in sin. As such, Christians are encouraged to carefully consider their motives and seek a public ceremony to uphold the honor of their union in the eyes of both God and man.
In conclusion, common-law marriage can be seen as a "back door" to legal marriage, providing an alternative path to the traditional marriage process. While it does not require a formal ceremony, it still necessitates a mutual agreement, intent to be married, and public recognition of the union. The Bible's emphasis on honorable marriages suggests that Christians should thoughtfully approach common-law marriage, ensuring their intentions and actions align with their faith and community expectations.
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A public ceremony and exchange of vows is expected by the New Testament
The Bible does not prescribe a wedding ceremony in the Scriptures. However, by New Testament times, a public ceremony, exchange of vows, and declaration of covenant were expected.
Jesus began his ministry at a wedding ceremony, turning water into wine, and often refers descriptively to weddings in his parables. "Jesus had a high view of weddings and marriages that were sanctioned by the religious community," said Rev. Lyle Dorsett, the Billy Graham professor of evangelism at Samford University's Beeson Divinity School. "His first miracle was at a wedding feast."
In the Bible, we find that God established marriage in the beginning. He instituted it in the garden with Adam and Eve. The first marriage was based on a covenant promise (Genesis 2:24). Hebrews 13:4 says marriage should be honored by all, and the marriage bed kept pure, because God will judge the adulterer and the sexually immoral.
A Christian couple should carefully weigh their options, consider their public testimony, and evaluate their own motives for dispensing with a public ceremony. In Matthew 22, we see that festivities would often last for days and would culminate with the vows and the giving of blessings.
The most important aspect of the wedding festivities was and is the exchange of vows, the promise, and the covenant. Marriage vows are promises each partner in a couple makes to the other during a wedding ceremony based on Western Christian norms. They are not universal to marriage and not necessary in most legal jurisdictions.
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Frequently asked questions
Common-law marriage is not approved in Scripture. According to the Bible, marriage is a mutual and heterosexual, monogamous, and permanent institution of God.
Common-law marriage is a legal status recognized by a minority of states. It affirms that a man and woman who live together for a specified time are considered legally married even without a marriage license or ceremony.
The Bible lays down the essential elements of marriage, declaring it an institution of God from the start. Marriage in the Bible is based on the covenant made between a man and a woman.
A covenant involves vows or a vow exchanged in front of witnesses and before God with a record kept showing the existence of the covenant.
A couple that is not married but is living together as if they were married would be considered living in sin by the church. However, some Christians believe that if their common-law marriage is recognized by the state, then it is also recognized by God.
